Case No. IT-01-42-PT

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Joaquín Martín Canivell

Registrar:
Mr. Hans Holthuis

Order of:
3rd December 2003

PROSECUTOR

v.

PAVLE STRUGAR

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ORDER TO THE GOVERNMENT OF SERBIA AND MONTENEGRO TO ENSURE MR. PAVLE STRUGARíS IMMEDIATE RETURN TO THE NETHERLANDS

________________________________

The Office of the Prosecutor:

Ms. Susan Somers
Mr. Philip Weiner

Counsel for the Accused:

Mr. Goran Rodic
Mr. Vladimir Petrovic

 

TRIAL CHAMBER I of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the Tribunal");

NOTING the Defenceís "Request for Postponement" of trial filed on 28 November 2003 ("the Request"), in which the Accused seeks a postponement of his trial due to his medical condition;

NOTING the "Decision and Order Relating to Accusedís Pavle Strugar Request for Postponement" ("the Decision"), dated 1 December 2003, whereby the Trial Chamber confirmed its order for the return of Mr. Pavle Strugar ("the Accused"), and stated that a decision regarding a possible postponement of trial would be taken in due course;

NOTING the letter of 2nd December 2003 submitted by the Embassy of Serbia and Montenegro in The Hague, in which the Government of Serbia and Montenegro seeks further guidance regarding the implementation of the Decision and respectfully asks the Chamber to take into consideration the report of 2nd December 2003 by the Council of Medical Experts at the Clinical Center of Montenegro in Podgoriča ("the Report"), which was annexed to the Embassyís letter;

CONSIDERING that the Report does not suggest that the Accused is unfit to travel or that his return to the Seat of the Tribunal will entail a risk to his life or serious deterioration of his medical health;

CONSIDERING that all medical services are available at the Seat of the Tribunal and that the Accused is entitled to receive all necessary medical care and treatment in accordance with Rules 29-33 of the Rules Governing the Detention Of Persons Awaiting Trial Or Appeal Before The Tribunal Or Otherwise Deteined On The Authority Of The Tribunal;

CONSIDERING the Chamberís Order of 30th November 2001 on provisional release of the Accused and the Chamberís Order of 27th November 2003 to Schedule the Start of the Trial Against Pavle Strugar ("the Orders");

PURSUANT to Rule 54 of the Tribunalís Rules of Procedure and Evidence;

FOR THE FOREGOING REASONS,

ORDERS Mr. Pavle Strugar to return to the Seat of the Tribunal by Friday, 5th December 2003;

ORDERS the Government of Serbia and Montenegro, in compliance with the Chamberís Orders of 30th November 2001 and 27th November 2003 and the Decision of 1st December 2003, to appoint an official agent and to instruct that agent to accompany, if necessary with medical assistance, Mr. Pavle Strugar to an airport in The Netherlands on Friday, 5th December 2003 and to hand Mr. Pavle Strugar over to the Dutch authorities in that airport for the purpose of transferring him to the United Nations Detention Unit in The Hague; and

DIRECTS the Registrar to take all necessary measures to ensure Mr. Pavle Strugarís return to the United Nationís Detention Unit on Friday, 5th December 2003 and to provide for adequate medical examination of Mr. Pavle Strugar upon his return;

 

Done in English and French, the English version being authoritative.

Dated this third day of December 2003
At The Hague,
The Netherlands.

______________
Judge Alphons Orie
Pre-Trial Judge

[Seal of the Tribunal]